Disability Trusts

Wills & Estate Lawyers
Disability Trusts

Disability Trusts

Wills & Estate Lawyers

If you are considering making a gift to a disabled child/relative either through a will or while you are alive, be aware that your gift may result in their loss of any Government benefits to which they are entitled. Added income or assets can result in a decrease or discontinuation of Government benefits.

One way to avoid this is to put a gift into a discretionary trust wherein you, a family member, or a friend acts as trustee. In a discretionary trust the trust is not treated as an asset and the beneficiary has no right to the trust. The trustee can use the trust money to benefit the disabled person by topping up assistance to government benefits for specific needs and comforts, rather than replacing those benefits.

Gifts in a Will

We can draft clauses in a will that direct your executor to hold funds in a discretionary trust for your disabled child or other beneficiary, and that fall within the requirements set by the provincial Government.